Fostering Fair &
Inclusive Workplaces

Training resources coming soon.

Taking proactive steps helps you foster a fair, inclusive workplace and stay compliant with anti-discrimination laws. Regularly review and update your policies to reflect changes in federal and state requirements. If a charge is filed, respond promptly and cooperate with the Office of Anti-Discrimination during the investigation. Staying informed about new regulations and best practices helps ensure your workplace remains equitable, lawful, and respectful for everyone.

• Have a written policy

• Post mandatory notices

• Document everything
• Train your workforce
• Foster inclusivity
• Follow up on complaints

Once an intake or complaint is accepted under Delaware law, the Office of Anti-Discrimination:

• Confirms it has jurisdiction
• Notifies the employer
• Collects information from both parties
• Reviews documents and written responses
• May conduct interviews
• Evaluates the evidence
• Issues a determination of Reasonable Cause or No Reasonable Cause

The Office acts as a neutral fact-finder, not an advocate for either side.

• You’ll be notified and may choose mediation early in the process.
• If you don’t mediate, submit an answer and position statement to OAD and share a copy with the charging party (except for witness names, medical files, or trade secrets).
• Within about 60 days, OAD will make a preliminary determination:
  • Mediation – if both parties agree.
  • No Reasonable Cause – may lead to dismissal.
  • Further Investigation – if more information is needed.
• Cooperate fully, respond on time, and keep all relevant records.
• OAD remains a neutral investigator and may contact you for on-site visits, document reviews, or interviews.

Once OAD completes its review, one of the following outcomes will occur:

• No Reasonable Cause – The case is closed. The charging party receives a Right to Sue notice allowing them to file in state court within 90 days.
• Reasonable Cause – Both parties are invited to conciliation, a voluntary process to resolve the issue before litigation.
• OAD encourages employers to participate fully—conciliation often helps both sides avoid lengthy, costly legal action.

A free, voluntary, and confidential way to resolve charges before an investigation begins.

• Most sessions take 1–5 hours and can close a case immediately.
• Mediators are neutral third parties.
• Agreements reached are enforceable, and information discussed is not used in investigations.

No-Fault Settlement

You can settle a case at any time during an investigation. Settlements are voluntary, informal, and enforceable.

There is no admission of liability, and early resolution often saves time and resources.

Conciliation

If OAD finds discrimination occurred, both parties are invited to conciliation.

This is a final chance to resolve the charge informally before litigation.

Agreements reached remove the uncertainty and cost of going to court.